Division of Occupational & Professional Licensing

Joint Design Boards -
Licensed Design Professionals' Overlapping Practice Guide for Local Government Officials -
The Submission of Plans and Other Documents

 
The Task Force acknowledges that there is an overlap among various design professions both in the area of education and practices. While it is possible that a professional of one profession may competently perform certain aspects of another profession, Maryland law and regulations place certain limitations on such activities. For example, the Code of Maryland Regulations, 09.21.01.05, Rules of Conduct, governing architects, provides in the pertinent part as follows:
 
 
"An architect shall undertake to perform professional services only when the architect, together with those whom the architect may engage as consultants, are qualified by education, training, and experience in the specific technical areas involved." 

Similarly, the Code of Maryland Regulations, 09.23.03.09, Sealing Requirements, governing professional engineers, provides in the pertinent part as follows:
 

"A licensee may sign and seal plans, specifications, drawings, reports, or other documents that are required to be signed and sealed pursuant to the Business Occupations and Professions Article, 14-403, Annotated Code of Maryland, only if the following requirements are met:
 
(1) The licensee is competent in the subject matter of those documents by virtue of education or experience, or both…."

The Code of Maryland Regulations, 09.13.01.04, governing professional land and property line surveyors, provides in the pertinent part as follows:
 

"A. A registrant may undertake or perform land surveying assignmentsonly when qualified to do so by education or experience, or both, in the specific field of land surveying involved.
 
B. A registrant may affix his signature or seal to land surveying documents only if:
 
(1) He is competent in the subject matter of those documents by virtue of education or experience, or both;
(2) The documents were prepared under his direction as principal by an employee or an associate competent in the subject matter of those documents by virtue of education or experience, or both."
 
Similarly, the Code of Maryland Regulations, 09.28.02.03, governing landscape architects, provides in the pertinent part as follows:
 
"A. A licensee may undertake or perform landscape architectural assignments only when qualified to do so by education or experience, or both. If the competence of a licensee to perform an assignment is questioned, the Board either upon request of the licensee, or by its own motion, may require the licensee to submit to a formal or informal inquiry by or on behalf of the Board.
 
B. A licensee may sign or seal landscape architectural documents only if:
 
(1) Licensee is competent in the subject matter of those documents by virtue of education or experience, or both; or
 
(2) Documents were prepared under the licensee's direction as principal by an individual competent in the subject matter of those documents by virtue of education or experience, or both."

Finally, the Code of Maryland Regulations, 09.18.02.06, governing certified interior designers, provides in the pertinent part as follows:
 

"A. A certificate holder may sign and seal plans, specifications, drawings, reports, or any other interior design documents that are required to be signed and sealed under Business Occupations and Professions Article, 8-403, Annotated Code of Maryland, only if the following requirements are met:
 
(1) The certificate holder is competent in the subject matter of the documents by reason of education or experience or both…."

These paragraphs and similar examples in the other professional licensing laws require that all professionals practice within their respective areas of knowledge and expertise.

 
As an example, a professional engineer who has an expertise in electrical engineering (but not in structural engineering) is not legally qualified to seal any aspects of projects involving structural engineering; yet there is no indication of this restriction on his or her seal or license. Conversely, the electrical professional engineer may have a project involving a power upgrade to a building that increases the number of required exits from the service entry room from one to two. Certainly, the professional engineer should be allowed to detail and specify the door if it is within that professional engineer's knowledge and experience. It would be an arbitrary restriction to assert that since the professional engineer does not have an architectural seal, he or she can not detail and specify the door.

Likewise, an architect may have a project that involves some structural, electrical and HVAC work. The training, examination and practice of the specific architect may qualify him or her to design these systems and therefore place their architectural seal on them.

The question is then not as narrow as "Who has which seal?", but also "Who has the appropriate experience and education to use their seal on the subject documents?"

The local government officials in the various jurisdictions in the State of Maryland are responsible for determining that the construction documents adequately describe a building project which, when completed, will meet the applicable codes and protect the public health, safety and welfare. While the local government officials are reasonable in relying to a certain degree on the respective professional seal affixed to the construction documents, they have to keep in mind that they serve as a safety check point. The typical experience is that there will be comments made by the local government official, which will result in corrections or discussions with the design professional.

The following procedure is suggested to local government officials when they are presented with a set of multi-disciplined construction documents, and it appears to the local government official that the design professional who has sealed the construction documents may not be qualified in the subject area.

 
A. Review the submissions sealed by a licensed design professional without respect to the appropriateness of a particular seal. Following the review, contact the design professional whose seal appears on the construction documents and request an opportunity for review of the appropriateness of the seal applied in the specific case. As a result of such review, changes to the documents and/or the involvement of another design professional may result.

B. If a local government official is not satisfied with the results of this process, he or she could refer the individual to the appropriate Design Boards for review of his or her qualifications by filing with the appropriate Design Boards the Request for Determination on the form attached as Exhibit A.

The Design Boards will create various advisory panels that will consist of, as needed, two professional Board members from each of the Design Boards involved in a particular overlap inquiry, and one consumer member from any of the remaining three non-involved Design Boards. The advisory panel will review the inquiry, gather such additional information as it may deem necessary, and will submit its findings to the local government official, the design professional, and the relevant Design Boards.

While it is not the responsibility of the local government official to determine the professional's credentials, the local government official may suspend further processing of the permit application until the matter is resolved. The Boards suggest that the official makes a reasonable attempt to work with the design professional before initiating a disciplinary process.

This method of review and challenge will preserve the rights of those professionals qualified to work in an expanded scope area while protecting the health, safety and welfare of the citizens of the State of Maryland.

Note: Exhibit B contains relevant excerpts from the Annotated Code of Maryland, as well as a list of helpful phone numbers.

 
 

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Updated September 28, 2006